Student Sues University For Failing Her Twice

by
Maryam Tajalli
After failing the same course twice, this student sued the university for more than $75,000 in damages.

Nursing student sues Misericordia University after failing final exam twice

At one point or the other, we all think our teachers are being unfair and making education harder than it needs to be. Most of us don't sue. But most of us aren't Jennifer Burbella of Misericordia University.

Despite her disabilities, administrators there reportedly refused to cut her some slack, and Burdella decided to act – by taking the university to court.

Eager to become a nurse, Burbella struggles with anxiety, depression, and stress in order to complete her degree. However, she failed her course when the university officials did not grant her request for extra time and a professor to communicate with during the exam.

Armed with her lawyer Harry McGrath, who specializes in educational law, Burbella is suing the school for embarrassment, humiliation and violating the Americans with Disabilities Act. She is seeking more than $75,000 in damages, but wants to retake her exam more than anything else, her attorney told media.

Students from Misericordia University and several others see Burbella’s argument as invalid, with one saying, “Being a nurse is one of the most stressful jobs. If you can’t handle a college nursing course, it’s time to find another profession. Sorry kiddo, this law suit is a total fail.”

Another woman expressed similar doubts about Burbella becoming a nurse: “As a nurse you don’t always get ‘extra time’ to make life and death decisions.”

McGrath believes that Burbella’s skill set and acumen will be tested thoroughly at state boards, and said she could be a successful medical professional. "I think many people suffer from anxiety, depression, and those types of things who are doctors, lawyers, nurses."

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